Dupont v. Wertheman
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This is'an action of ejectment to recover certain premises situated in the city of San Francisco.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This is'an action of ejectment to recover certain premises situated in the city of San Francisco. The facts of the case, as disclosed by the record, are these: In 1849, the plaintiff, Samuel F. Dupont, was the owner in fee of the premises, and being about to leave California, gave a power of attorney, on the 22d day of May of that year, to R. M. Price, empowering him “ to sell and convey” the property. On the 22d day of December, 1849, Price executed a deed of the property to his clerk, A. M. Tan…
1Opinion of the Court
Field J., delivered the opinion of the Court
2ConcurrenceTerry, C. J.
The power of attorney from the plaintiff to Price, authorized a sale of the premises. It did not authorize a gift of the property, or its transfer for any purpose, except in completion of a sale. The deed to Van Nostrand was not executed upon any sale. Ho consideration was paid, or stipulated to be paid. Both Price and Van Nostrand agree, in this respect, in their testimony. Price states that he transferred the property in order that Van Nostrand might control it and keep off trespassers, giving to him the privilege of retaining it for eight…
3Cases cited2 opinions
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